ORDER Mishra, J. -- 1. This appeal has been preferred by the claimants calling in question the award dated 16/8/2004 passed by Fourth Motor Accident Claims Tribunal, Gwalior in Claim Case No. 15/04. 2. Claimants are the widow, children and mother of the deceased Rajkumar. He died in a motor accident on 15.12.2003 when he was going on his scooter which was dashed by tanker MP 09 KB 1803. Deceased succumbed on the spot due to the injuries sustained in the said accident. The deceased was serving in Air Force. Compensation of Rs. 30,00,240/- alongwith interest was claimed. The age of the deceased was claimed to be 40 years. He was drawing monthly salary as per claimants at Rs. 7,876/-. 3. Owner and the driver of the tanker filed their written statement denying their liability contending that the liability is required to be borne by the insurer as the vehicle was insured. The Insurance Company denied its liability on the ground that the driver of the vehicle (tanker) was not holding valid licence and the tanker was driven in contravention of the terms and conditions of the policy. 4. The Tribunal found that the accident had caused due to rash and negligent driving of the driver of the tanker respondent No. 1 Mohd. Ahsan. The Tribunal awarded compensation to the tune of Rs. 4,86,052/alongwith interest at the rate of nine percent per annum from the date of filing of the claim petition till realisation. Dissatisfied with the quantum of compensation, this appeal has been preferred by the claimants. 5. Shri B.D. Verma, Advocate has entered appearance on behalf of the appellants claimants, whereas Shri B.K. Agrawal, Advocate has put in appearance on behalf of respondent Insurance Company and Shri Neeraj Kalbhore, Advocate has put in appearance on behalf of respondents 1 and 2 driver and owner of the tanker respectively. 6. The only question agitated in the appeal is about the quantum of compensation and working out of the dependency considering the number of dependents. 7. The pay slip of the deceased is Ex. P-2 on record proved by CW 2 Shrimati Beena Kannojiya. The same indicates that the total monthly emoluments received by the deceased were Rs. 7,876/-. The aforesaid amount includes Rs. 156/- as LRA which is required to be deducted.
7. The pay slip of the deceased is Ex. P-2 on record proved by CW 2 Shrimati Beena Kannojiya. The same indicates that the total monthly emoluments received by the deceased were Rs. 7,876/-. The aforesaid amount includes Rs. 156/- as LRA which is required to be deducted. Deduction was made by the Tribunal of the amount which was used to be deducted towards PF etc. That amount was towards saving, hence, the same could not have been deducted from the salary drawn by the deceased. Deceased was young and hale having future prospects ahead including revision of pay. Considering all these, we take the income of the deceased at Rs. 9,000/- per month i.e. Rs. 1,08,000/- per annum. Five members were dependent on the earning of the deceased, hence he would have spent 1/4th upon himself had he been alive. Considering this, loss of annual dependency comes to Rs. 81,000/-. Date of birth of the deceased was October, 1962. Accident took place in the year 2003. Hence, he was more than 40 years of age at the time of death. Thus, multiplier of 15 is applicable, and applying 'the multiplier of 15, the compensation comes to Rs. 81,000xI5= Rs. 12,15,000/-. Apart from that, we award a further sum of Rs. 40,000/- under the customary heads such as loss of estate, loss of expectancy of life and funeral expenses, inclusive of a sum of Rs. 10,000/- awarded to the widow on account of loss of consortium. Thus, the compensation comes to Rs. 12, 15,000+40,000=Rs. 12,55,000/-. Award of the Tribunal with respect to the damage caused to the scooter at Rs. 5,000/- is maintained. Thus, the total compensation comes to Rs. 12,60,000/- (Rs. Twelve lac sixty thousand only). The compensation enhanced by this Court to carry the interest at the rate of seven per cent per annum from the date of filing of the claim petition till realization. 8. Appeal succeeds in part and is allowed to the extent indicated herein above leaving the parties to bear their own costs.